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2(1)A person is disqualified for appointment to the office of Commissioner if the person—S

(a)is or has been a member of—

(i)the House of Lords;

(ii)the House of Commons;

(iii)the Scottish Parliament;

(iv)the European Parliament; or

(v)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

(b)is or has been a constable of [F1the Police Service (or of a police force previously maintained under the Police (Scotland) Act 1967 (c.77))];

(g)is or has been [F5employed as a member of police staff or as a member of the Authority's staff or has been] employed, by virtue of section 9 of the 1967 Act (employees other than constables) by a police authority or a joint police board;

(2)The disqualification under sub-paragraph (1)(a) does not extend to any membership ending more than 3 years before the person is appointed to the office of Commissioner.

(3)A person who has previously been appointed to the office of Commissioner is not eligible to be appointed again, except in accordance with sub-paragraph (4).

(4)A person holding office as Commissioner may be reappointed on the expiry of the person's period of appointment, but only if—

(a)the person has not previously been reappointed to the office; and

(b)the Scottish Ministers consider that, by reason of special circumstances, it is desirable in the public interest.

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